To James Madison from William C. C. Claiborne, 8 December 1806
From William C. C. Claiborne
N. O. December 8th 1806.
Since my last communication,1 letters of which the inclosed are Copies have passed between General Wilkinson & myself.2
Preparatory to the declaration of Martial Law, the suspension of the Writ of habeas Corpus would be necessary; but this high prerogative can in my opinion be alone exercised by the Territorial Legislature, and was that Body in session, I should under existing circumstances advise the measure. As to Martial Law, I shall not proclaim it; but as the danger encreases, such measures will from time to time be resorted to, as the general safety may require.
I have entire confidence in the firmness and patriotism of General Wilkinson, and will most cordially cooperate with him.
Signed Wm. C. C. Claiborne.
Letterbook copy and letterbook copy of enclosures (Ms-Ar: Claiborne Executive Journal, vol. 16). For enclosures, see n. 2.
2. The first enclosure is a copy of James Wilkinson to Claiborne, 6 Dec. 1806, advising Claiborne that unless the conspiracy against New Orleans and the United States was effectively repulsed, “the Goddess of Liberty will take her flight from this globe forever.” Wilkinson suggested that Claiborne impose martial law in New Orleans and rejected Claiborne’s suggestion, offered earlier that morning, to call out the militia and take a position “for the protection of your Territory above.” According to Wilkinson, those forces would not be sufficient, and the “Brigands” might provoke “a revolt of the negroes.” Rather than divide the force, Wilkinson wanted to “condense it” in New Orleans. The second enclosure is a copy of Wilkinson to Claiborne, 7 Dec. 1806, claiming that Capt. John Shaw had informed Wilkinson that river defenses could not be erected without carpenters and sailors, thereby reinforcing the need for martial law. Wilkinson advised haste because “Burr with his Rebellious Bands may soon be at hand.” The third enclosure is a copy of Claiborne to Wilkinson, 8 Dec. 1806, in which Claiborne said that he was providing Shaw with carpenters and mechanics as needed and promised to “take into immediate consideration” Wilkinson’s other suggestions. Claiborne also promised full cooperation to defeat the conspiracy. He planned to order into immediate service between 150 and 180 men of the Battalion of Orleans Volunteers as well as some cavalry militia and was prepared to call out the whole militia if circumstances required (printed in Rowland, Claiborne Letter Books, 4:46–47, 49–50).